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Click here for the full text of this decision FACTS:In this breach of contract case, the trial court awarded Hooks Industrial Inc. (Hooks) $1.2 million in lost profit-damages against Fairmont Supply Co. (Fairmont), but denied Hooks’ attorney’s fees claim. Both Fairmont and Hooks appeal; each raise one issue. Fairmont complains that the trial court abused its discretion in admitting the opinion testimony of Hooks’ damages expert, regarding the calculation of lost-profit damages. Hooks contends that the trial court erred in concluding that Pennsylvania law governs its claim for attorney’s fees. HOLDING:Affirmed. In its sole issue, Fairmont complains that the trial court erred in admitting the opinion testimony of Jeffrey Compton, Hooks’ damages expert. Excluding the challenged testimony of Compton, Fairmont contends that no competent evidence supports the lost-profit award. At trial, Compton testified that lost profits are calculated by multiplying expected sales by gross profit margin, subtracting incremental expenses, and applying a discount rate. Fairmont, however, takes issue with the method that Compton used to calculate the following three formula variables: Hooks’ expected sales, gross profit margin, and incremental expenses. Regardless of whether the trial court erred in admitting Compton’s challenged testimony, the court concludes that such error was harmless. After reviewing the record, and without deciding whether the trial court erred in admitting Compton’s objected-to testimony, the court concludes that sufficient evidence is found in the record to render any error harmless. Compton’s testimony was cumulative of other evidence admitted without objection, supporting the jury’s damages award. Fairmont has failed to show that Compton’s challenged testimony probably caused the rendition of an improper judgment. Thus, the court holds that the trial court’s ruling, even if erroneous, did not amount to harmful error. In its sole issue, Hooks challenges the trial court’s denial of its request for attorney’s fees. The trial court’s ruling was based on its conclusion of law that “the issue of attorneys’ fees in this case is governed by Pennsylvania law, and under Pennsylvania law, Hooks is not entitled to recover attorney’s fees . . . .” Hooks does not dispute that, under Pennsylvania law, it would not be entitled to attorney’s fees, but Hooks contends that the trial court erred in ruling that Pennsylvania law governs this issue. Hooks asserts that Texas law applies and that, under Texas Civil Practice & Remedies Code 38.001(8), it is entitled to attorney’s fees. The court notes that the attorney’s fees claim here arises directly from a breach of the contract containing the choice-of-law provision. The court finds that here, the choice-of-law provision in the parties” agreement expressly governs issues of contractual performance. Consequently, the court holds that it is undisputed under the agreement that the liability for Fairmont’s contractual non-performance was governed by Pennsylvania law. Therefore, the trial court properly determined that Pennsylvania law governed the issue of attorney’s fees in this case. OPINION:Higley, C.J.; Radack, C.J., Higley and Bland, JJ.

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